Anthuvan v. The Sub Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Thursday, the Nineteenth day of August Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.14817 of 2021 1 ANTHUVAN [ PETITIONER / ACCUSED ] 2 FRANKLIN 3 JOHNSON @ JOHNSON ROBERT Vs THE SUB INSPECTOR OF POLICE, [ RESPONDENT ] ELAVANASOORKOTTAI POLICE STATION, KALLAKURICHI DISTRICT CR NO. 225/2021 For Petitioner : M/S.S.SARAVANAKUMAR Advocate For Respondent : M/S. A.GOPINATH, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offence under Sections 147, 148, 294 (b), 324, 427, 448 and 506(ii) IPC r/w Section 3 of TN Public Property (Prevention of Damage and Loss) Act, 1992, in Cr.No.
225 of 2021, on the file of the respondent police, seek anticipatory bail. 2.The case of the prosecution is that the defacto complainant is the sister of the injured person. It is alleged that in a marriage function, a dispute was aroused between the two groups of the petitioner and the defacto complainant. Thereafter there was continuous friction between two groups. Due to previous enmity, the petitioner and his friends came to the house of the defacto complainant and assaulted her brother. The brother of the defacto complainant also gathered with his friends and made counter attack. In that anomaly, the brother of the defacto complainant got injuries. Hence this complaint was lodged by the defacto complainant. 3.
prosecution and they are falsely implicated in this case. Hence, the learned counsel prays to grant anticipatory bail to the petitioners. 4.The learned Government Advocate (Crl.Side) submits that injured person has been discharged from the hospital and there is no previous case pending against the petitioners.
5. Considering the fact that the injured has been discharged from the hospital and there is also no previous case against the petitioners, this Court is inclined to grant anticipatory bail to the petitioners.
6.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate-I, Ulundurpet Taluk, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand Only) each, with two sureties each for a like sum to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that:
(a)the petitioners and the sureties shall affix their photographs and left thumb impression in the surety bond and the Court concerned may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;
(b)the petitioners shall report before the respondent police daily at 10.30 a.m. until further orders;
(c)the petitioners shall not tamper with evidence or witness either during investigation or trial;
(d)the petitioners shall not abscond either during investigation or trial;
(e)on breach of any of the aforesaid conditions, the learned Magistrate/ Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji Vs. State of Kerala [(2005) AIR SCW 5560]; and;
(f)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
-sd/- 19/08/2021 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.
TO 1 THE JUDICIAL MAGISTRATE NO.I, ULUNDURPET 2 THE CHIEF JUDICIAL MAGISTRATE VILLUPURAM [FOR INFORMATION] 3 THE SUB INSPECTOR OF POLICE, ELAVANASOORKOTTAI POLICE STATION, KALLAKURICHI DISTRICT 4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
CC to M/S.S.SARAVANAKUMAR Advocate on payment of necessary charges CRL OP.14817/2021 Date :19/08/2021 APN 26/08/2021